Common use of Shared Caged Collocation Clause in Contracts

Shared Caged Collocation. 3.3.1 ACCESS Integrated may allow other telecommunications carriers to share ACCESS Integrated’s caged Collocation Space, pursuant to the terms and conditions agreed to by ACCESS Integrated (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS Integrated. BellSouth shall be notified in writing by ACCESS Integrated upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS Integrated. 3.3.2 ACCESS Integrated, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated with a pro- ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application. 3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or access to Network Elements. The ▇▇▇▇ for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS Integrated’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated T-Mobile may allow other telecommunications carriers to share ACCESS IntegratedT-Mobile’s caged Collocation Space, collocation arrangement pursuant to the terms and conditions agreed to by ACCESS Integrated T-Mobile (Host) and the other telecommunications carriers (Guests) contained in and pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS Integratedoption. T-Mobile shall notify BellSouth shall be notified in writing by ACCESS Integrated upon the execution of any agreement between the Host and its Guest(sGuest within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Order. Further, such notification notice shall include the name of the Guest(s), ) and the term of the agreement, and shall contain a certification by ACCESS Integrated T-Mobile that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS IntegratedT-Mobile. 3.3.2 ACCESS Integrated3.3.1 T-Mobile, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment Agreement and for the purposes of ensuring that the safety and security requirements of this Attachment Agreement are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated T-Mobile with a pro- ration proration of the costs of the Collocation Space collocation space based on the number of collocators and the space used by each. There will be each with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated and in addition to the foregoing, T-Mobile shall be the responsible Party party to BellSouth for the purpose of submitting applications Applications for initial and additional equipment placement for of the Guest(s)Guest. In Florida, Florida the Guest(s) Guest may directly submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s access carrier name abbreviation (ACNA). A separate Guest application shall result in require the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit BC, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application. 3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or access to Network Elements. The ▇▇▇▇ for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouthHost. 3.3.4 ACCESS Integrated 3.3.2 T-Mobile shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedT- Mobile’s Guest(s) Guests in the Collocation Space, Space except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Collocation Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated CLEC may allow other telecommunications carriers to share ACCESS IntegratedCLEC’s caged Collocation Space, pursuant to the terms and conditions agreed to by ACCESS Integrated CLEC (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth AT&T Premises is located within a leased space and BellSouth AT&T is prohibited by said lease from offering such an option to ACCESS IntegratedCLEC. BellSouth AT&T shall be notified in writing by ACCESS Integrated CLEC upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated CLEC that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment Appendix between BellSouth AT&T and ACCESS IntegratedCLEC. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth AT&T and ACCESS IntegratedCLEC. 3.3.2 ACCESS IntegratedCLEC, as the Host, shall be the sole interface and responsible Party to BellSouth AT&T for the assessment and billing of rates and charges contained within this Attachment Appendix and for the purposes of ensuring that the safety and security requirements of this Attachment Appendix are fully complied with by the Guest(s), its employees and agents. BellSouth AT&T shall provide ACCESS Integrated CLEC with a pro- pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated CLEC shall be the responsible Party to BellSouth AT&T for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit Bthe Pricing Schedule, which will be billed to the Host on the date that BellSouth AT&T provides its written Application Response to the Guest(s) Bona Fide application. 3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth AT&T to request the provisioning of interconnecting facilities between BellSouth AT&T and the Guest(s), the provisioning of services, and/or access to Network Elements. The ▇▇▇▇ for these interconnecting facilities, services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth AT&T Tariff or the Guest’s Interconnection Agreement with BellSouth.AT&T. 3.3.4 ACCESS Integrated CLEC shall indemnify and hold harmless BellSouth AT&T from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedCLEC’s Guest(s) in the Collocation Space, except to the extent caused by BellSouthAT&T’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: MFN Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated NOS Communications, Inc. may allow other telecommunications carriers to share ACCESS IntegratedNOS Communications, Inc.’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by ACCESS Integrated NOS Communications, Inc. (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS Integrated. NOS Version 1Q03: 02/28/03 Communications, Inc.. BellSouth shall be notified in writing by ACCESS Integrated NOS Communications, Inc. upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated NOS Communications, Inc. that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS Integrated.NOS Communications, Inc.. 3.3.2 ACCESS Integrated3.3.1 NOS Communications, Inc., as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated NOS Communications, Inc. with a pro- ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated and in addition to the above, NOS Communications, Inc. shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response). 3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The ▇▇▇▇ bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated 3.3.3 NOS Communications, Inc. shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedNOS Communications, Inc.’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Clec Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated GulfPines may allow other telecommunications carriers to share ACCESS Integrated’s GulfPines’ caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by ACCESS Integrated GulfPines (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises Premise is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS IntegratedVersion 2Q03: 07/21/03 GulfPines. BellSouth shall be notified in writing by ACCESS Integrated GulfPines upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated GulfPines that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS IntegratedGulfPines. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement Attachment between BellSouth and ACCESS IntegratedGulfPines. 3.3.2 ACCESS Integrated3.3.1 GulfPines, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and Attachment. GulfPines is also responsible for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated GulfPines with a pro- ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated GulfPines shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for subsequent equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response). 3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network ElementsUNEs. The ▇▇▇▇ for these interconnecting facilities, services and Network Elements UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated 3.3.3 GulfPines shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS Integrated’s GulfPines’ Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Interconnection Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated Teleconex may allow other telecommunications carriers to share ACCESS IntegratedTeleconex’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by ACCESS Integrated Teleconex (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS IntegratedTeleconex. BellSouth shall be notified in writing by ACCESS Integrated Teleconex upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated Teleconex that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS IntegratedTeleconex. 3.3.2 ACCESS Integrated3.3.1 Teleconex, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated Teleconex with a pro- ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated and in Version 1Q03: 02/28/03 addition to the above, Teleconex shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response). 3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The ▇▇▇▇ bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated 3.3.3 Teleconex shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedTeleconex’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Clec Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated Iris Networks may allow other telecommunications carriers to share ACCESS IntegratedIris Networks’s caged Collocation Space, pursuant to the terms and conditions agreed to by ACCESS Integrated Iris Networks (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS IntegratedIris Networks. BellSouth shall be notified in writing by ACCESS Integrated Iris Networks upon the execution of any agreement between the Host and its Guest(s) prior to the submission of an application. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated Iris Networks that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS IntegratedIris Networks. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS IntegratedIris Networks. 3.3.2 ACCESS IntegratedIris Networks, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated Iris Networks with a pro- pro-ration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated Iris Networks shall be the responsible Party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application and Subsequent Applications for equipment placement using the Host’s ACNA. A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response to the Guest(s) Bona Fide application. 3.3.3 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), ) and the provisioning of services, and/or access to Network Elements. The ▇▇▇▇ bill for these interconnecting facilities, facilities and services and Network Elements will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated Iris Networks shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedIris Networks’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Interconnection Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated DukeNet may allow other telecommunications carriers to share ACCESS IntegratedDukeNet’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by ACCESS Integrated DukeNet (Host) and the other telecommunications carriers (Guests) contained in pursuant to this Section, except where the BellSouth Premises is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS IntegratedDukeNet. BellSouth shall be notified in writing by ACCESS Integrated DukeNet upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated DukeNet that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS Integrated. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement between BellSouth and ACCESS IntegratedDukeNet. 3.3.2 ACCESS Integrated3.3.1 DukeNet, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated DukeNet with a pro- ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be , with a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated and in addition to the above, DukeNet shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for Version 1Q03: 02/28/03 the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for additional equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response). 3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The ▇▇▇▇ bill for these interconnecting facilities, services and Network Elements access to UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated 3.3.3 DukeNet shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedDukeNet’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Interconnection Agreement

Shared Caged Collocation. 3.3.1 ACCESS Integrated ALCALL may allow other telecommunications carriers to share ACCESS IntegratedALCALL’s caged Collocation Spacecollocation arrangement, pursuant to the terms and conditions agreed to by ACCESS Integrated ALCALL (Host) and the other telecommunications carriers (Guests) contained in this Section, except where the BellSouth Premises Premises” is located within a leased space and BellSouth is prohibited by said lease from offering such an option to ACCESS IntegratedALCALL. BellSouth shall be notified in writing by ACCESS Integrated ALCALL upon the execution of any agreement between the Host and its Guest(s) within ten (10) calendar days of its execution and prior to the submission of an applicationany Firm Orders. Further, such notification shall include the name of the Guest(s), the term of the agreement, and a certification by ACCESS Integrated ALCALL that said agreement imposes upon the Guest(s) the same terms and conditions for Collocation Space as set forth in this Attachment between BellSouth and ACCESS IntegratedALCALL. The term of the agreement between the Host and its Guest(s) shall not exceed the term of this Agreement Attachment between BellSouth and ACCESS IntegratedALCALL. 3.3.2 ACCESS Integrated3.3.1 ALCALL, as the Host, shall be the sole interface and responsible Party to BellSouth for the assessment and billing of rates and charges contained within this Attachment and Attachment. ALCALL is also responsible for the purposes of ensuring that the safety and security requirements of this Attachment are fully complied with by the Guest(s), its employees and agents. BellSouth shall provide ACCESS Integrated ALCALL with a pro- ration proration of the costs of the Collocation Space based on the number of collocators and the space used by each. There will be a minimum charge of one (1) bay/rack per Host/Guest. In addition to the above, for all states other than Florida, ACCESS Integrated ALCALL shall be the responsible Party party to BellSouth for the purpose of submitting applications for initial and additional equipment placement for the Guest(s). In Florida, the Guest(s) may submit its own Initial Application initial and Subsequent Applications for subsequent equipment placement applications using the Host’s Access Carrier Name Abbreviation (ACNA). A separate Guest application shall result in the assessment of an Initial Application Fee or a Subsequent Application Fee, as set forth in Exhibit B, which will be billed to the Host on the date that BellSouth provides its written Application Response response to the Guest(s) Bona Fide applicationApplication (Application Response). 3.3.3 3.3.2 Notwithstanding the foregoing, the Guest(s) may submit service orders directly to BellSouth to request the provisioning of interconnecting facilities between BellSouth and the Guest(s), the provisioning of services, and/or and access to Network Elementsunbundled network elements. The ▇▇▇▇ for these interconnecting facilities, services and Network Elements UNEs will be charged to the Guest(s) pursuant to the applicable BellSouth Tariff or the Guest’s Interconnection Agreement with BellSouth. 3.3.4 ACCESS Integrated 3.3.3 ALCALL shall indemnify and hold harmless BellSouth from any and all claims, actions, causes of action, of whatever kind or nature arising out of the presence of ACCESS IntegratedVersion 3Q03: 11/12/2003 ALCALL’s Guest(s) in the Collocation Space, except to the extent caused by BellSouth’s sole negligence, gross negligence, or willful misconduct.

Appears in 1 contract

Sources: Interconnection Agreement